LIJDLR

INTERNATIONAL PERSPECTIVE ON REHABILITATIVE JUSTICE: ASSESSING THE NEED FOR REFORM OF CRIMINAL PUNISHMENT AND PROTECTION OF HUMAN RIGHTS

Sam S. Siryon, BA. LL. B Honors, Apeejay Stya University School of Legal Studies, (India)

In contemporary legal settings, rehabilitative criminal punishment has been criticized for its high cost in integrating rehabilitated criminals into society, ineffectiveness, infringement on human rights, and the risk of creating a wide net of penal control. It has also been critiqued for the potential for sentencing disparities based on perceived needs for rehabilitation rather than the severity of the crime, and the lack of traditional due process safeguards within rehabilitative programs. The long-term argument has been that the system is too forgiving, thereby undermining the goal of retribution and failing to express society’s moral disapproval of criminal acts. Rehabilitative justice focuses on reforming offenders and reducing recidivism by addressing the root causes of criminal behavior through programs like education, vocational training, counseling, and substance treatment. This research investigates the effectiveness of rehabilitative justice through a comparative legal analysis of correctional and reintegration frameworks in India, Liberia, and the United States, examining vocational training and mental health programs in Indian prisons alongside Liberia’s Disarmament, Demobilization and Reintegration (DDR) strategies and rehabilitation models within the U.S. criminal justice system. The study seeks to identify key gaps in reducing recidivism, promoting inmate social reintegration, and improving post-release support systems. With consistent criticisms and revealed facts affecting the rehabilitative system, it is important to employ strategic measures that would mitigate the challenges faced with this system; the fear of it becoming a failed system would be the outcome. These measures include adopting a holistic human rights-based approach focused on education, vocational training, psychological support, and social reintegration to reduce reoffending and promote public safety. Key reform efforts should be guided by United Nations standards and supported through internationally recognized human rights frameworks. National systems must align their laws, policies, and correctional practices with core principles such as individualized assessment, non-custodial measures, and structured post-release support. A coordinated, multi-sectoral approach involving both governmental institutions and civil society actors is essential to ensure sustainable reintegration outcomes.

📄 Type 🔍 Information
Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 1, Page 799–822.
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